Workers’ compensation is designed to protect employees who suffer a work injury. If you are injured at work, you are entitled to receive medical treatment and other benefits under Indiana’s workers’ compensation laws. However, workers’ comp does not offer the same benefits as a personal injury lawsuit.
In a personal injury lawsuit, you may be entitled to recover damages you cannot recover in a workers’ comp claim. Examples of damages you may be entitled to receive in a personal injury claim that you are not entitled to receive in a workers’ comp claim include:
- Full reimbursement for lost wages. Under workers’ compensation, you only receive approximately 2/3 of your average salary while you are out of work due to a work injury.
- Compensation for future wages if you are unable to return to work and compensation for loss of earning capacity if you are unable to earn as much as you did prior to the work injury.
- Compensation for physical pain, mental anguish, and emotional suffering.
To determine if you are entitled to file a personal injury claim for a work injury, you need to consult with an experienced Indianapolis workers’ compensation attorney. Call our office at 1-800-CALL-KEN or 1-800-225-5536 for a free case evaluation with a workers’ comp lawyer.
Examples of Claims Outside of Workers’ Compensation For a Work Injury
Even though workers’ compensation is an exclusive remedy for a work injury, there are situations when you may be entitled to sue a third party for damages. Examples of these types of situations include:
- Injured By A Third Party – If your work injury was caused by a third party, you may have a claim against that party. For example, if you are running errands for your employer and you are injured in a car accident, you may have a personal injury claim against the driver of the other vehicle. You need to consult with an Indianapolis workers’ compensation attorney before proceeding to learn about your legal rights and discuss what legal option is best for you to pursue.
- Intentional Acts By Employer – If your employer’s intentional acts resulted in a work injury, you may be able to sue your employer for damages. However, the intentional act must have been meant to hurt you. Simply leaving a dangerous substance on the floor or failing to maintain equipment typically will not rise to the level of intentional act.
- Defective Product – If you suffer a work injury due to a defective product, you may have a claim against one or more parties under our product liability laws. You may be able to file a lawsuit against the designer, manufacturer, distributor, or seller.
- Failure To Carry Workers’ Comp Insurance – If your employer is required by state law to carry workers’ comp insurance and fails to do so, you may have a valid cause of action for a personal injury lawsuit against the employer. This can be a very complex matter; therefore, you want to consult with an experienced Indianapolis workers’ compensation attorney before taking any action.
There could be other causes of action that might give you the right to file a personal injury lawsuit. However, until a workers’ compensation attorney reviews the facts and circumstances of your specific work injury, you will not know if pursuing a personal injury lawsuit is in your best interest or even possible. Requesting a free consultation with our Indianapolis workers’ compensation attorney is usually in your best interest when faced with a work injury that may give rise to a personal injury lawsuit.
Have You Suffered a Work Injury? Call Our Indianapolis Workers’ Comp Attorney For a Free Consultation.
Your time to file a workers’ compensation claim and a personal injury claim is limited. You need to take action now in order to protect your right to pursue legal action against the party or parties responsible for your work injury. Contact The Ken Nunn Law Office at 1-800-CALL-KEN or 1-800-225-5536 for a free legal consultation with an attorney.